Application and procedures for catching of endangered, precious and rare aquatic species in Vietnam

Application and procedures for catching of endangered, precious and rare aquatic species in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows: 

1. What are endangered, precious and rare aquatic species?

According to Clause 7, Article 3 of the Law on Fisheries 2017, endangered, precious and rare aquatic species mean aquatic species that spend majority of or the whole life cycle living in water, are valuable to economy, science, health, ecology, scenery and environment; these species have a small population size or are facing extinction.

2. List of endangered, precious and rare aquatic species and criteria for determining whether an aquatic species is endangered, precious or rare in Vietnam

According to Article 7 of Decree 26/2019/ND-CP, the list of endangered, precious and rare aquatic species and criteria for determining whether an aquatic species is endangered, precious or rare is as follows:

- Endangered, precious and rare aquatic species are classified into 2 groups, including Group I and Group II.

- An endangered, precious or rare aquatic species shall be classified into Group I if the following criteria are met:

+ The species carries rare and precious genes so that it is preserved and selected to serve aquaculture or contains substances or active ingredients with specific biological effects used as raw materials for preparation of medicinal products or is highly profitable when commercialized or plays a decisive role in maintaining the balance of other species in the biome or has representativeness or uniqueness of an geographic area.

+ There has been a very small number of species in nature or the species is in great danger of extinction if there is an observed or estimated population size reduction of at least 50% over the last 05 years by the time of assessment or a population size reduction of at least 50%, projected to be met within the next 05 years.

- An endangered, precious or rare aquatic species shall be classified into Group II if the following criteria are met:

+ The species meets the criterion specified in Point a Clause 2 of Article 7 of Decree 26/2019/ND-CP.

+ There has been a very small number of species in nature or the species is in great danger of extinction if there is an observed or estimated population size reduction of at least 20% over the last 05 years by the time of assessment or a population size reduction of at least 20%, projected to be met within the next 05 years.

- The List of endangered, precious and rare aquatic species is provided in the Appendix II of Decree 26/2019/ND-CP.

- The Ministry of Agriculture and Rural Development shall carry out review and assessment, and submit amendments to the List of endangered, precious and rare aquatic species to the Government.

3. Application and procedures for catching of endangered, precious and rare aquatic species in Vietnam

According to Article 9 of Decree 26/2019/ND-CP (supplemented by Decree 37/2024/ND-CP), regulations on documents and procedures for exploiting endangered, precious and rare aquatic species are as follows:

- An application for approval for catching of endangered, precious and rare aquatic species includes:

+ An application form (Form No. 10.BT in the Appendix I of Decree 26/2019/ND-CP);

Form No. 10.BT in the Appendix I

+ A catching plan (Form No. 11.BT in the Appendix I of Decree 26/2019/ND-CP);

Form No. 11.BT in the Appendix I

+ An original or certified true copy of the national agreement on international cooperation in donation and exchange of endangered, precious and rare aquatic species if the species is caught for the purpose of international cooperation;

+ A decision on approval for outline for scientific research, conservation or creation of original breeds issued by the competent authority or description of the outline for scientific research, conservation or creation of original breeds if the species is caught for the purpose of scientific research, conservation or creation of original breeds;

+ An applicant’s document defining its functions and tasks in the case of scientific research, conservation or creation of original breeds.

- Procedures for granting written approval for catching of endangered, precious and rare aquatic species:

+ The applicant shall submit an application specified in Clause 1 of Article 9 of Decree 26/2019/ND-CP to the Directorate of Fisheries;

+ Within 20 working days from the receipt of the satisfactory application, the Directorate of Fisheries or the organization assigned to manage the MPA shall appraise it, consult the MPA management unit if the species is caught within the MPA and grant the written approval using the Form No. 12.BT in the Appendix I of Decree 26/2019/ND-CP. In case of rejection of the application, a response and explanation shall be provided in writing.

Form No. 12.BT in the Appendix I

+ The written approval for catching of endangered, precious and rare aquatic species is effective until completion of the task in conservation, scientific research, creation of original breeds or international cooperation.

+ The Directorate of Fisheries shall revoke the written approval for catching of endangered, precious and rare aquatic species if the organization/individual fails to comply with the written approval or plan for catching of endangered, precious and rare aquatic species.

To Quoc Trinh

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